Decree of the Minister for Foreign Affairs No. 62 / 1987 Coll.
Decree of the Minister for Foreign Affairs on the Convention on the Elimination of All Forms of Discrimination against Women
Valid
Effective from 18.03.1982
62
DECLARATION
Minister for Foreign Affairs
of 13 May 1987
on the Convention on the Elimination of All Forms of Discrimination against Women
On 18 December 1979, the Convention on the Elimination of All Forms of Discrimination against Women was negotiated in New York.
On behalf of the Czechoslovak Socialist Republic, the Convention was signed in Copenhagen on 17 July 1980.
The Convention was approved by the Federal Assembly of the Czechoslovak Socialist Republic and ratified by the President of the Czechoslovak Socialist Republic, subject to the condition that the Czechoslovak Socialist Republic, in accordance with paragraph 2 of Article 29 of the Convention on the Elimination of All Forms of Discrimination against Women, does not consider it to be bound by paragraph 1 of its Article 29. The Czechoslovak Socialist Republic is of the opinion that any disputes concerning the interpretation or implementation of this Convention are to be resolved by possible negotiations between the parties to the dispute or by any other means agreed upon by the parties to the dispute. The instrument of ratification was deposited with the Secretary-General of the United Nations, the depositary of the Convention, on 16 February 1982.
The Convention entered into force on 3 September 1981 pursuant to Article 27 (1) thereof. For the Czechoslovak Socialist Republic, paragraph 2 of Article 27 entered into force on 18 March 1982.
The Czech translation of the Convention is being announced simultaneously.
First Deputy:
Greece
CONVENTION
on the elimination of all forms of discrimination against women
States Parties to this Convention,
stating that the Charter of the United Nations confirms the belief in fundamental human rights, the dignity and value of the human person and the equality of men and women,
Notes that the Universal Declaration of Human Rights confirms the principle of non-discrimination and declares that all people are born free and equal in respect of dignity and rights and that everyone is entitled to all rights and freedoms enshrined therein, without any distinction, including gender-based differences,
Recognising that States, parties to international human rights agreements have an obligation to ensure equality between men and women in the exploitation of all economic, social, cultural, civil and political rights,
taking into account international conventions concluded under the auspices of the United Nations and professional organisations promoting equality between men and women,
also taking note of resolutions, declarations and recommendations adopted by the United Nations and expert organisations promoting equality between men and women,
concerned, however, that there is still extensive discrimination against women regardless of these documents,
Recalling that discrimination against women violates the principles of equality of rights and respect for human dignity, is an obstacle to the participation of women, on an equal basis with men, in the political, social, economic and cultural life of their countries, prevents the growth of the welfare of society and family, and makes it difficult for women to develop fully in service for their countries and humanity,
concerned that in poverty conditions women have the least access to nutrition, health, education, training and job opportunities and other needs,
convinced that the establishment of a new international economic order based on equality and justice will contribute significantly to promoting equality between men and women,
stressing that the eradication of apartheid, all forms of racism, racial discrimination, colonialism, neo-colonialism, aggression, foreign occupation and domination, and interference in the internal affairs of states are essential for the full exploitation of the rights of men and women,
reaffirming that the consolidation of international peace and security, the relaxation of international tensions, mutual cooperation between states, regardless of their social economic establishment, general and complete disarmament and, in particular, nuclear disarmament under strict and effective international control, the confirmation of the principles of justice, equality and mutual benefit in relations between countries, and the realisation of the rights of nations under foreign and colonial rule, and the occupation of self-determination and independence, as well as respect for national sovereignty and territorial integrity, will facilitate social progress and development and, as a result, contribute to achieving full equality between men and women;
convinced that the full development of the country, the welfare of the world and the matter of peace require the maximum participation of women on equal terms with men in all areas,
bearing in mind the great contribution of women to the welfare of the family and the development of society, not yet fully recognised, the social importance of motherhood and the role of both parents in the family and in raising children, and the fact that the role of a woman in maintaining the family should not be a basis for discrimination, but that raising children requires a division of responsibility between men and women and society as a whole,
Notes that in order to achieve full equality between men and women, it is necessary to change the traditional role of men as well as the role of women in society and in the family,
committed to implementing the principles enshrined in the Declaration on the Elimination of Discrimination against Women and, to this end, to taking the measures necessary to eliminate such discrimination in all its forms and speeches,
agree as follows:
For the purposes of this Convention, the term "discrimination against women 'shall refer to any discrimination, exclusion or restriction made on grounds of sex, the effect of which is to disrupt or abolish recognition, enjoyment or exploitation by women, irrespective of their family status, on the basis of equality between men and women, human rights and fundamental freedoms in political, economic, social, cultural, civil or other fields.
States, Contracting Parties, condemn discrimination against women in all its forms, agree to implement, by all appropriate means and without delay, a policy to eliminate discrimination against women and to that end undertake:
(a) to establish the principle of equality between men and women in their national constitutions or other relevant legislation, if not yet enshrined therein, and to ensure, through laws and other appropriate means, the practical implementation of that principle;
(b) take appropriate legislative and other measures, including sanctions where necessary, prohibiting any discrimination against women;
(c) to establish legal protection of women's rights on an equal basis with men, ensuring effective protection of women against any act of discrimination through the competent national courts and other public institutions;
(d) refrain from any act or practice of discrimination against women and ensure that public authorities and institutions act in accordance with this undertaking;
(e) take all appropriate measures to eliminate discrimination against women by any person, organisation or undertaking;
(f) take all appropriate measures, including legislative measures, to amend or repeal existing laws, regulations, customs or practices which constitute discrimination against women;
(g) abolish all national criminal provisions which discriminate against women.
States, Contracting Parties, will take all appropriate measures, including legislative measures, in all areas, in particular in the political, social, economic and cultural fields, to ensure the full development and ascension of women, in order to guarantee them the application and use of human rights and fundamental freedoms on the basis of equality with men.
1. If the States, Contracting Parties, adopt temporary special measures aimed at accelerating the de facto equality of women and men, this shall not be regarded as discrimination as defined in this Convention; in any event, however, such measures may not result in the maintenance of unequal or separate standards; it will be withdrawn from these measures when the equality objectives in terms of possibilities and treatment are achieved.
2. If States, Contracting Parties, adopt specific measures, including those contained in this Convention, aimed at protecting motherhood, this shall not be regarded as discrimination.
States, Contracting Parties, shall take all appropriate measures:
(a) to change social and cultural practices as regards the behaviour of men and women in order to achieve the elimination of prejudices and customs and of all other practices based on the idea of being inferior or superior to one of the sexes or on the stereotypes of men and women;
(b) to ensure that family education includes a proper understanding of motherhood as a social function and recognition of the joint responsibility of men and women for the education and development of their children, which means that the interest of children is placed first in all cases.
States, Contracting Parties, shall take all appropriate measures, including legislative measures, to suppress all forms of trafficking in women and to exploit women's prostitution.
States, Contracting Parties, shall take all appropriate measures to eliminate discrimination against women in the political and public life of the country and in particular ensure, on an equal basis with men, the right:
(a) vote in all elections and public referendums and the right to be elected to all publicly elected bodies;
(b) to participate in the development and implementation of state policy and to hold public authorities and to perform all public functions at all levels of state management;
(c) participation in non-governmental organisations and associations involved in the country's public and political life.
States, Contracting Parties, shall take all appropriate measures to ensure that women, on an equal footing with men and without discrimination, have the opportunity to represent their governments at international level and to participate in the work of international organisations.
1. States, Contracting Parties, shall grant women equal rights with men to acquire, change or retain their nationality. In particular, it shall ensure that neither marriage to a stranger nor change of nationality of the spouse during marriage automatically changes the nationality of the spouse, makes her a stateless person nor makes her accept the nationality of the spouse.
2. States, Contracting Parties, shall grant women equal rights with men as regards the nationality of their children.
States, Contracting Parties, shall take all appropriate measures to eliminate discrimination against women in order to ensure equal rights for men in the field of education and, in particular, on the basis of gender equality, measures to ensure:
(a) the same conditions for the choice of employment and occupation for access to studies and for the acquisition of graduate certificates, the achievement of diplomas in educational establishments of all categories in rural and urban areas; such equality shall be ensured in pre-school, general, technical, professional and higher technical education as well as in all types of vocational training;
(b) access to the same syllables, the same examinations, the same level-qualified faculty and school objects and equipment of the same quality;
(c) removing all stereotypical concepts of the role of men and women at all levels and in all forms of education by promoting coeducation and other forms of education to help achieve this objective, and in particular by reviewing textbooks and school programmes and adapting teaching methods;
(d) equal opportunities for the use of scholarships and other study allowances;
(e) equal opportunities for access to further education programmes, including programmes for adult and educational programmes, in particular programmes aimed at reducing the existing difference in education between men and women as soon as possible;
(f) a reduction in the number of women who have not completed their studies and the organisation of programmes for girls and women who have left school early;
(g) equal opportunities for active participation in sport and physical education;
(h) access to specific educational information to help ensure the health and well-being of the family, including information and advice on family planning.
1. States, Contracting Parties, shall take all appropriate measures to eliminate discrimination against women in employment in order to ensure, on the basis of gender equality, equal rights, in particular:
(a) the right to work as the inalienable right of all human beings;
(b) the right to equal opportunities in employment, including the use of the same selection criteria;
(c) the right to free choice of profession and employment, the right to procedure, to place and to all benefits and conditions of employment, and the right to receive vocational training and retraining, including training, specialist training and retraining;
(d) rights to equal pay, including benefits, and equal treatment in respect of equal value work, as well as equality in assessing the quality of work;
(e) social security rights, in particular in cases of pensions, unemployment, sickness, invalidity and old age and other inability to work, as well as rights to paid leave;
(f) health rights and safe working conditions, including protection of the mission of a woman as a mother;
2. In order to prevent discrimination against women on grounds of marriage or maternity and to ensure their real right to work, States, Contracting Parties shall take all appropriate measures:
(a) prohibition, under threat of imposing sanctions, dismissal on grounds of pregnancy or maternity leave, and discrimination in the event of dismissal on grounds of marital status;
(b) to introduce maternity leave with a salary or comparable social benefits without loss of former employment, status or social contributions;
(c) to promote the provision of the necessary additional social services enabling parents to combine family responsibilities with work and participation in public life, in particular by promoting the establishment and development of a network of childcare facilities;
(d) to provide special protection for pregnant women in types of work which have proved harmful to them.
3. Legislation governing the provision of protection in matters referred to in this Article shall be reviewed on a regular basis in the light of scientific and technical knowledge and revised, cancelled or extended as necessary.
1. States, Contracting Parties, shall take all appropriate measures to eliminate discrimination against women in the field of health care in order to ensure equal treatment between men and women, access to health services, including those relating to family planning.
2. Without prejudice to the provisions of paragraph 1, the States, the Contracting Parties, the women of the relevant services in connection with pregnancy, six Sundays and the postnatal period shall ensure, where appropriate, free of charge and shall also provide adequate nutrition during pregnancy and breastfeeding.
States, Contracting Parties, shall take all appropriate measures to eliminate discrimination against women in other areas of economic and social life in order to ensure, on the basis of gender equality, equal rights, in particular:
(a) the right to family allowances;
(b) the right to bank loans, mortgages and other forms of financial credit;
(c) the right to recreation, sport and participation in all forms of cultural life.
1. States, Contracting Parties, shall take into account the specific problems faced by rural women and the important role they play in economic life and the preservation of their families, including their work in the non-profit sectors of the economy, and shall take all appropriate measures to ensure that the provisions of this Convention are applied to women in rural areas.
2. States, Contracting Parties, shall take all appropriate measures to eliminate discrimination against women in rural areas in order to ensure that, on the basis of equality between men and women, participation in and benefit from rural development and, in particular, that women:
(a) participation in the development planning and implementation at all levels;
(b) access to adequate health care facilities, including information, advice and family planning services;
(c) benefit directly from social security schemes;
(d) to acquire all types of training and education, both formal and non-formal, including training programmes, as well as to use all municipal and other services, inter alia, to increase their technical qualifications;
(e) organise self-help groups and cooperatives in order to obtain equal access to economic opportunities through employment or independent professions;
(f) participation in all types of social activity;
(g) have access to agricultural loans and loans, market facilities, appropriate techniques and equal treatment in land and agricultural reforms, as well as in the country's settlement programmes;
(h) have adequate living conditions, in particular as regards housing, sanitary facilities, electricity and water supplies, transport and connections.
1. States, Contracting Parties, provide women with equality with men before the law.
2. States, Contracting Parties, shall provide women with legal capacity in civil matters which is identical to that of men and the same possibilities for the exercise of such competence. In particular, they will give women the same rights to conclude contracts and manage property and will treat them the same at all stages of legal proceedings.
3. States, Contracting Parties, agree that all contracts and all other private documents of any kind whose legal effect is intended to restrict the legal capacity of women shall be considered void and invalid.
4. States, Contracting Parties, shall grant men and women the same rights as regards laws relating to the movement of persons and the freedom to choose their place of residence and residence.
1. States, Contracting Parties, shall take all appropriate measures to eliminate discrimination against women in all matters relating to marriage and family relations and shall in particular ensure, on the basis of gender equality:
(a) the same right of marriage;
(b) the same right to choose a husband freely and to marry only with free and full consent;
(c) the same rights and obligations for the duration of the marriage and for its termination;
(d) the same parental rights and obligations, regardless of their marital status, in matters relating to their children. In all cases, the interests of children must be paramount;
(e) the same rights to decide freely and responsibly on the number and time of birth of their children and to have access to information, education and means enabling them to exercise those rights;
(f) the same rights and obligations as regards guardianship, trust, custody and adoption of children, or similar institutions existing in national legislation. In all cases, the interests of children must be paramount;
(g) the same personal rights of spouses, including the right to choose a family name, profession or employment;
(h) the same rights for both spouses as regards ownership, acquisition, management, administration, use and disposal with property, free of charge or for consideration.
2. The engagement and marriage of children shall not have legal effect and shall take all necessary measures, including legislative measures, to establish a minimum age for the conclusion of marriage and to make registration of marriage compulsory in an official matrix.
1. In order to assess the progress made in the implementation of this Convention, a Committee on the Elimination of Discrimination of Women (continued as a Committee) will be established, which will consist of 18 and 23 experts of high moral level and competence in the area covered by this Convention at the time of the entry into force of the Convention and after ratification or accession to it by the thirteenth State, the Contracting Party. These experts will be elected by the States, the Contracting Parties, from among their citizens, taking into account the fair geographical distribution and representation of the various forms of civilization and the main legal systems and acting as private individuals.
The members of the Committee shall be elected by secret ballot from the list of persons appointed by the States, by the Contracting Parties. Each State, a Contracting Party, may appoint one person from among its citizens.
3. The first elections shall take place six months after the date of entry into force of this Convention. At least three months before the date of each election, the Secretary-General of the United Nations shall send a letter to the States, the Contracting Parties, inviting them to submit their candidates within two months. The Secretary-General shall draw up an alphabetical list of all persons so appointed, indicating the States, the Contracting Parties that appointed them, and submit it to the States, the Contracting Parties.
4. The elections of the members of the Committee shall be held at a meeting of States, Parties, convened by the Secretary-General to the United Nations. At a meeting whose quorum will consist of two thirds of the States, the Contracting Parties, the persons elected to the Committee will be those candidates who will receive the largest number of votes and, at the same time, the absolute majority of votes present and voting representatives of the States, the Contracting Parties.
The members of the Committee shall be elected for four years. However, the term of office of nine members elected in the first elections shall expire after two years; the names of these nine members shall be selected by the President of the Committee by lot immediately after the first election.
6. Elections of five additional members The Committee shall be held in accordance with the provisions of paragraphs 2, 3 and 4 of this Article after the 35th ratification or accession. The term of office of two of the additional members elected on this occasion shall expire after two years. The names of these two members will be selected by the President of the Committee.
7. In the event of a vacancy, the State, the Contracting Party whose expert has ceased working as a member of the Committee, shall appoint another expert from among its citizens, subject to the approval of the Committee.
8. The members of the Committee shall, with the consent of the General Assembly, be paid from the United Nations resources within the time limits and under the conditions laid down by the General Assembly, taking into account the importance of the Committee's duties.
9. The Secretary-General of the United Nations shall provide the necessary staff and facilities to carry out the functions of the Committee effectively under this Convention.
1. States, Contracting Parties, undertake to submit to the Secretary-General of the United Nations for discussion by the Committee a report on the legislative, judicial, administrative or other measures they have taken to bring the provisions of the Convention into life and on the progress made in this respect:
(a) within one year of entry into force for the competent State;
(b) at least every four years thereafter and at any time at the Committee's request.
2. The reports may inform of circumstances and difficulties affecting the degree of fulfilment of obligations under this Convention.
1. The Committee shall adopt its own rules of procedure.
2. The Committee shall elect its officials for a period of two years.
1. The Committee shall normally meet for a maximum period of two weeks per year to discuss reports submitted in accordance with Article 18 of this Convention.
2. The meetings of the Committee shall normally be held at the United Nations headquarters or, where appropriate, in another appropriate place to be determined by the Committee.
1. The Committee shall report annually, through the Economic and Social Council, to the General Assembly on its activities and may submit proposals and general recommendations based on the examination of reports and information sent by States, by the Contracting Parties. Such proposals and general recommendations will be included in the Committee's report, together with any comments from States, Contracting Parties.
2. The Secretary-General will forward the Committee's report to the Commission for the Status of Women for information.
Professional organisations shall have the right to be represented when discussing compliance with the provisions of this Convention which fall within the sphere of their activities. The Committee may invite expert organisations to submit a report on the implementation of the Convention in areas falling within the scope of their activities.
Nothing in this Convention will be prejudicial to the provisions which may even better lead to equality between men and women which may be included:
(a) in the legislature of the State, the Contracting Party; or
(b) any other international convention, contract or agreement applicable to that State.
The States, Contracting Parties, undertake to take all necessary measures at national level to achieve the full exercise of the rights set out in this Convention.
1. This Convention shall be open for signature by all States.
2. The Secretary-General of the United Nations is the depositary of this Convention.
3. This Convention shall be subject to ratification. The instruments of ratification shall be deposited with the Secretary-General of the United Nations.
4. This Convention shall be open to all States. Access shall be effected by the deposit of an instrument of access with the Secretary-General of the United Nations.
1. A request for revision of this Convention may be made at any time by any State, Contracting Party, by written notification to the Secretary-General of the United Nations.
2. Any steps to be taken with regard to such a request shall be decided by the General Assembly of the United Nations.
1. This Convention shall enter into force on the 30th day following the date of deposit of the 20th instrument of ratification or accession with the Secretary-General of the United Nations.
2. For each State which ratifies or accedes to this Convention after the deposit of the 20th instrument of ratification or accession, this Convention shall enter into force on the 30th day following the date of deposit of its instrument of ratification or accession.
1. The Secretary-General of the United Nations will accept and distribute to all States the text of reservations made by the States in ratification or accession.
2. Reservation which is incompatible with the object and the purpose of this Convention shall be inadmissible.
3. Reservations may be revoked at any time by a note sent to the Secretary-General of the United Nations, who shall inform all States thereof. These notes shall take effect on the date of their adoption.
1. Any dispute between two or more States, Contracting Parties, with regard to the interpretation or implementation of this Convention which is not resolved by negotiation, shall be referred to arbitration at the request of one of them. If, within six months of the date of the request for arbitration, the parties do not agree on the organisation of arbitration, either party may refer the dispute to the International Court of Justice following a request made in accordance with the Statute of the Court of Justice.
2. Any State, Contracting Party, may, at the time of signature or ratification of this Convention, declare that it does not feel bound by paragraph 1 of this Article. The other States, Contracting Parties, shall not be bound by paragraph 1 of this Article in respect of any State, the Contracting Party which has made such a reservation.
3. Any State, Contracting Party which has made a reservation in accordance with paragraph 2 of this Article, may at any time withdraw such reservation by notification to the Secretary-General of the United Nations.
This Convention, the text of which shall be equally authentic in Arabic, Chinese, English, French, Russian and Spanish, shall be deposited with the Secretary-General of the United Nations.
To prove this, the undersigned, duly authorised thereto, have signed this Convention.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No 62 / 1987 Coll., on the Convention on the Elimination of All Forms of Discrimination against Women |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 01.07.1987 |
|---|---|
| Effective from | 18.03.1982 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0